00 CS FOR SENATE BILL NO. 126(STA) 01 "An Act amending the State Personnel Act to place in the exempt service the state 02 comptroller in the Department of Revenue; relating to reemployment of and benefits for 03 or on behalf of reemployed retired teachers and public employees; amending the 04 effective date of secs. 3, 5, 9, and 12, ch. 57, SLA 2001, and sec. 3, ch. 50, SLA 2005; and 05 providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07  * Section 1. AS 14.20.135(a) is amended to read: 08 (a) A school district or regional educational attendance area that has or 09 anticipates having a shortage of teachers qualified to teach in a particular discipline or 10 specialty may, subject to AS 14.25.043(f) [BY RESOLUTION], adopt, by  11 resolution, a policy that permits the employment of retired teachers who have been  12 separated from employment for at least 90 days and who are qualified to teach in 13 the discipline or specialty in accordance with this section. The policy must describe 01 the circumstances that constitute the shortage. If a shortage of teachers exists as 02 described in the policy, the district or attendance area shall notify the administrator of 03 the teachers' retirement system (AS 14.25) that it is hiring retired teachers under this 04 section. 05  * Sec. 2. AS 14.25.043 is amended by adding a new subsection to read: 06 (f) Notwithstanding (b) and (e) of this section and AS 14.25.135, an employer 07 that is a school district or regional educational attendance area may not allow a 08 member hired to fill a position that requires recruitment to make the election provided 09 in (b) or (e) of this section unless 10 (1) the employer conducted an initial recruitment for the position for at 11 least 15 days that resulted in fewer than three qualified, eligible, and available 12 applicants, including the retired member; and 13 (2) the employer then conducted an additional recruitment for the 14 position and the additional recruitment resulted in fewer than three qualified, eligible, 15 and available applicants, including the retired member; the additional recruitment 16 period required by this paragraph added to the initial recruitment period in (1) must 17 total not fewer than 30 days. 18  * Sec. 3. AS 39.25.110 is amended by adding a new paragraph to read: 19 (42) the state comptroller in the Department of Revenue. 20  * Sec. 4. AS 39.35.150(g) is amended to read: 21 (g) In accordance with this section, a political subdivision or a public 22 organization that has or anticipates having a shortage of employees qualified for 23 particular job classes may, by resolution, adopt a policy that permits the employment 24 of employees who retired under AS 39.35.370(a), who have been separated from 25 employment for at least 90 [30] days, and who are qualified for particular job classes. 26 The policy adopted by resolution must describe the circumstances that constitute the 27 shortage. The policy must require recruitment procedures [SIMILAR TO THE 28 PROCEDURE] described in (h) of this section for any position filled by a retired 29 employee under (f) of this section. If a shortage of qualified employees exists as 30 described in the policy, the political subdivision or the public organization shall notify 31 the administrator that it is hiring retired members under (f) of this section and shall 01 provide a copy of the resolution and policy adopted by the resolution to the 02 administrator of the public employees' retirement system (AS 39.35). 03  * Sec. 5. AS 39.35.150(h) is amended to read: 04 (h) Notwithstanding (b) of this section, an employer [IN THE EXECUTIVE 05 BRANCH OF STATE GOVERNMENT] may not allow a member hired to fill a 06 position that requires recruitment to make the election provided in (b) of this section 07 unless 08 (1) the employer conducted an initial recruitment for at least 15 days 09 for the position to be filled by the member making an election under (b) of this section 10 that resulted in fewer than three [FIVE] qualified, eligible, and available applicants, 11 including the retired member; and 12 (2) the employer then conducted an additional recruitment and the 13 additional recruitment resulted in fewer than three [FIVE] qualified, eligible, and 14 available applicants, including the retired member; this additional recruitment period 15 added to the initial recruitment period must be at least 30 days total. 16  * Sec. 6. Section 12, ch. 57, SLA 2001, as amended by sec. 6, ch. 15, SLA 2003, and by sec. 17 10, ch. 50, SLA 2005, is amended to read: 18 Sec. 12. AS 14.20.135, as amended by sec. 2, ch. 50, SLA 2005 [OF THIS 19 ACT]; AS 14.25.043(b), as amended by sec. 4, ch. 50, SLA 2005 [OF THIS ACT], 20 14.25.043(e), added by sec. 3, ch. 15, SLA 2003, and as amended by sec. 5, ch. 50,  21 SLA 2005 [OF THIS ACT]; AS 39.35.120(b)(2), 39.35.150(b), as amended by sec. 4, 22 ch. 15, SLA 2003, and by sec. 7, ch. 50, SLA 2005 [OF THIS ACT], and 39.35.150(c) 23 are repealed July 1, 2010 [2009]. 24  * Sec. 7. Section 12, ch. 50, SLA 2005, is amended to read: 25 Sec. 12. AS 14.25.070(e) [AS 14.25.070(b)]; AS 39.35.150(f), 39.35.150(g), 26 39.35.150(h), and 39.35.255(e) [39.35.270(b)] are repealed July 1, 2010 [2009]. 27 * Sec. 8. AS 39.25.120(c)(10) is repealed. 28  * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 CONDITIONAL RETROACTIVITY. If secs. 6, 7, 10, and 11 of this Act take effect 31 after July 1, 2009, secs. 6, 7, 10, and 11 of this Act are retroactive to July 1, 2009. 01  * Sec. 10. Section 15, ch. 57, SLA 2001, as amended by sec. 17, ch. 50, SLA 2005, is 02 amended to read: 03 Sec. 15. Sections 3, 5, 9, and 12 of this Act take effect July 1, 2010 [2009]. 04  * Sec. 11. Section 19, ch. 50, SLA 2005, is amended to read: 05 Sec. 19. Section 3 of this Act takes effect July 1, 2010 [2009]. 06  * Sec. 12. This Act takes effect immediately under AS 01.10.070(c).